[Federal Register: December 27, 2001 (Volume 66, Number 248)]
[Proposed Rules]               
[Page 66868-66869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI19

Endangered and Threatened Wildlife and Plants; Listing the 
Tumbling Creek Cavesnail as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: We, the Fish and Wildlife Service (Service), propose to list 
the Tumbling Creek cavesnail, Antrobia culveri, as endangered pursuant 
to the Endangered Species Act of 1973, as amended (Act). An emergency 
rule listing this species as endangered for 240 days is published 
concurrently in this issue of the Federal Register. This species is 
known to occur in one cave in Missouri. The distribution of this 
species has decreased in Tumbling Creek by 90 percent since 1974. 
Although cavesnail numbers fluctuated seasonally and annually between 
1996 and 2000, it was not found in the monitored section of the cave 
stream during five surveys in 2001. A few individuals continue to be 
found in an upstream area, but the population has declined so 
drastically that the species is on the verge of extinction. Reasons for 
the decline are unknown, but are likely caused by activities in 
Tumbling Creek Cave's surface recharge area that have degraded the 
stream's water quality. Critical habitat is not being proposed at this 
time. We solicit additional data, information, and comments from the 
public that may assist us in making a final decision on this proposed 

DATES: Comments from all interested parties must be received by 
February 25, 2002. Public hearing requests must be received by February 
11, 2002.

ADDRESSES: Comments and other materials concerning this proposal should 
be sent to the Field Supervisor, Columbia, Missouri Field Office, U.S. 
Fish and Wildlife Service, 608 E. Cherry St., Room 200, Columbia, 
Missouri 65201-7712. Comments and materials received, as well as the 
supporting documentation used in preparing the rule, will be available 
for public inspection, by appointment, during normal business hours at 
the above address.

FOR FURTHER INFORMATION CONTACT: Dr. Paul McKenzie at the address 
listed above (telephone: 573-876-1911, ext. 107; email: 
paul_mckenzie@fws.gov; facsimile: 573-876-1914; or Mr. Ron Refsnider, 
U.S. Fish and Wildlife Service, Bishop Henry Whipple Federal Building, 
1 Federal Drive, Fort Snelling, Minnesota 55111-4056; telephone: 612-
713-5346; email: ron_refsnider@fws.gov; facsimile: 612-713-5292).



    For a discussion of biological background information, previous 
Federal actions, factors affecting the species, critical habitat, and 
conservation measures available, consult the emergency rule for the 
Tumbling Creek cavesnail published concurrently in this issue of the 
Federal Register.

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this species;
    (2) The location of any additional populations of this species;
    (3) Additional information concerning the range, distribution, and 
population size of this species;
    (4) Current or planned activities in the subject area and their 
possible impacts on this species; and
    (5) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act.

[[Page 66869]]

    In making any final decision on this proposal we will take into 
consideration the comments and any additional information we receive, 
and such communications may lead to a final regulation that differs 
from this proposal.
    The Act requires that a public hearing be held if requested within 
45 days of the date of publication of a proposed rule. Such requests 
must be made in writing and must be addressed to the Field Supervisor 
of our Columbia, Missouri, Field Office. (See ADDRESSES section).

National Environmental Policy Act

    We have determined that an Environmental Assessment or 
Environmental Impact Statement, as defined under the authority of the 
National Environmental Policy Act of 1969, need not be prepared in 
connection with regulations adopted pursuant to section (4)(a) of the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 

Paperwork Reduction Act

    This rule does not contain any collections of information other 
than those already approved under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and assigned Office of Management and Budget 
clearance number 1018-0094. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid control number. For additional 
information concerning permit and associated requirements for 
endangered species, see 50 CFR 17.21 and 17.22.


    The primary author of this proposed rule is Paul McKenzie, Ph.D., 
of our Columbia, Missouri, Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons given in the preamble to the emergency rule listing 
the Tumbling Creek cavesnail as endangered, published concurrently in 
this issue of the Federal Register, we propose to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:


    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under SNAILS, to the List of Endangered and Threatened Wildlife:

Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened

                   *                  *                  *                  *                  *                  *                  *

                   *                  *                  *                  *                  *                  *                  *
Cavesnail, Tumbling Creek........  Antrobia culveri....  U.S.A. (MO)........  NA.................  E               ...........           NA           NA

                   *                  *                  *                  *                  *                  *                  *

    Dated: December 10, 2001.
Marshall P. Jones Jr.,
Acting Director, Fish and Wildlife Service.
[FR Doc. 01-31306 Filed 12-26-01; 8:45 am]